Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52400 of 2019 Applicant :- Rajan Opposite Party :- State of U.P.
Counsel for Applicant :- Satish,Raj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that it is a case of false implication by way of counter blast.
Prior to the lodging of the FIR by the informant the applicant, Rajan, has lodged an N.C.R. (u/s 155 Cr.P.C) against the informant on 11.04.2019 at 10:26 a.m., being NCR No. 26/2019, under Sections 323, 504, 427 IPC, Police Station- Haldharpur, District- Mau.
In the aforesaid incident the applicant received serious injuries caused by hard and blunt object. The applicant was examined by the doctors on CHC, Ratanpura, Mau and injuries on his body was found serious in nature.
Applicant filed an application for initiation of investigation in NCR No. 26 of 2019, under Sections- 323, 504, 427 IPC before Fast Track Court/ Civili Judge (Sr. Division), Mau on 17.05.2019 stating that on 11.04.2019 at 03:30 a.m. Applicant's mother was going to attend her nature's call towards Lohada Siwan, at the same time Indal son of Mukh Lal tried to commit rape on applicant's mother. On raising of alarm by the applicant's mother, the applicant who was sleeping on tube well rushed to the place of incident. On his application the magistrate on 17.05.2019 ordered investigation under Sections 323, 504, 427 IPC.
As a counter blast the informant has lodged an NCR against the applicant on 13.04.2019 at 12:08 being NCR No. 27/2019, under Sections 323, 504 IPC, regarding the alleged incident alleged to have been taken place on 11.04.2019, categorically stating that the alleged incident took place owing to the dispute regarding eve-teasing/molestation. Police proceeded to initiate a chalani report under Section 151/107/116 Cr.P.C.
The age of the victim as per High School certificate is 17 years, 10 months, 5 days. The applicant is in jail since 05.09.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rajan involved in Case Crime No.114 of 2019, under Sections 323, 376, 504, 506 IPC & 3/4 of POCSO Act, 2012, Police Station Haldharpur, District- Mau be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 28.11.2019 SS